People v. DeSomer

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2013 IL App (2d) 110663
Decision Date: 
January 3, 2013
District: 
2d Dist.
Division/County: 
Kendall Co.
Justice: 
BIRKETT
Holding: 
Affirmed.
Defendant was convicted of domestic battery and resisting a peace officer. Court properly admitted under excited-utterance exception to the hearsay rule a statement by Defendant's girlfriend, the alleged victim (after officer saw her running and screaming in the street and she appeared visibly disturbed and shaking), that he was beating her. Precise amount of time between startling occurrence and statement is not critical; key issue is whether the statement was made while the excitement of the event predominated. (ZENOFF and HUDSON, concurring.)